Appellate

  • April 12, 2021

    Donziger Seeks Dismissal Of 'Vindictive' Prosecution

    Embattled attorney Steven Donziger urged a New York federal court Monday to dismiss charges that he disobeyed court orders in an underlying civil suit Chevron lodged against him over a $9 billion Ecuador environmental judgment, arguing the criminal case warrants dismissal because he's a victim of malicious, "vindictive and selective prosecution."

  • April 12, 2021

    9th Circ. Doubts NSO's Immunity Defense In WhatsApp Suit

    A Ninth Circuit panel appeared skeptical Monday of Israeli spyware company NSO Group's argument that sovereign immunity protects it from Facebook's lawsuit over hacks to subsidiary WhatsApp, with two judges pointing out the lack of case law to support NSO's position and a third judge saying the case should go to discovery.

  • April 12, 2021

    Delivery Co. Asks High Court For Atty Fees In IP Dispute

    Roadie Inc. asked the U.S. Supreme Court to review a Federal Circuit decision that it's not entitled to attorney fees under the Patent Act, despite beating its rival Baggage Airline Guest Services Inc.'s infringement suit for lost luggage technology, saying judicial discretion over fees in exceptional cases is "inconsistent and contradictory."

  • April 12, 2021

    Facebook Tells 1st Circ. To Reverse FTC Doc Release Order

    Facebook has urged the First Circuit to reverse an order requiring the Federal Trade Commission to respond to a Freedom of Information Act request for documents related to a $5 billion settlement with Facebook, saying dissenting comments from two FTC commissioners are not "official" disclosures triggering the official-acknowledgment doctrine.

  • April 12, 2021

    Halkbank Tells 2nd Circ. It's Immune From Sanctions Case

    Turkey's Halkbank on Monday urged the Second Circuit to dismiss the indictment claiming it participated in a multibillion-dollar scheme to evade U.S. sanctions on Iran, saying the state-backed bank is immune from criminal prosecution in the U.S.

  • April 12, 2021

    Insurer Asks 9th Circ. To Toss Restaurant's Virus Class Suit

    AmGuard Insurance Co. has urged the Ninth Circuit to reject a Los Angeles restaurant's proposed class action seeking COVID-19 related loss coverage, arguing that the eatery's alleged inability to operate its business inside the restaurant due to state closure orders does not satisfy the policy's property damage requirement.

  • April 12, 2021

    3rd Circ. Won't Revive Suit Over Debt Collection Letter

    The Third Circuit shot down a consumer's bid to revive a proposed class action alleging Collecto Inc. falsely suggested a debt could increase by itemizing the balance to include "$0.00" in interest and fees in a collection letter, ruling in a precedential opinion Monday that such representations are not misleading. 

  • April 12, 2021

    Calif. Tribal Labor Deals Clash With NLRA, Tribe Tells 9th Circ.

    A California tribe urged the Ninth Circuit not to make it arbitrate a dispute with a union seeking to represent workers at its casino, saying state policy making tribes ease union organizing in order to operate casinos may be moot after the court said federal labor law applies to tribal employers.

  • April 12, 2021

    Volkswagen Liable For Lost Wages, Workers Tell 9th Circ.

    Volkswagen salespeople told the Ninth Circuit that the automaker is liable for wage violations at California franchises because it controlled their pay and ability to work, contrary to a lower court ruling saying the company is not a joint employer with the dealerships.

  • April 12, 2021

    7th Circ. Revives Auto Worker's Race Bias Suit Against Union

    The Seventh Circuit on Monday revived a former GM worker's lawsuit accusing a United Auto Workers local of racial discrimination for dropping a grievance over his firing without telling him, saying the union's alleged unwillingness to share information might excuse the suit's lateness.

  • April 12, 2021

    Seila Law Says Full 9th Circ. Should Reject CFPB Ratification

    California law firm Seila Law LLC has urged the full Ninth Circuit to step in and "correct" a panel decision from late last year that upheld a Consumer Financial Protection Bureau civil investigative demand against the firm after the U.S. Supreme Court ruled the agency was unconstitutionally structured.

  • April 12, 2021

    Amgen Urges Justices To Leave Enbrel Patent Ruling Alone

    Amgen Inc. unit Immunex said Monday that there's no need for the U.S. Supreme Court to review a decision finding the biopharmaceutical company didn't patent the same invention twice for its blockbuster autoimmune drug Enbrel, saying the ruling was "case-specific" and correct.

  • April 12, 2021

    Del. Chicken Plant Inks $205M Deal To End Pollution Suits

    Mountaire Farms reached a $205 million agreement with Delaware residents to end allegations that its chicken plant contaminated properties and groundwater, saying Monday the deal will set up a compensation fund for residents and upgrade the company's facilities.

  • April 12, 2021

    Fed. Circ. Upholds Duty Order Over Exhaustion Requirement

    The U.S. Court of Appeals for the Federal Circuit on Monday rejected a Chinese roller bearing manufacturer's challenge to anti-dumping duties, upholding the lower court's decision to toss the case because the firm filed its lawsuit prematurely.

  • April 12, 2021

    Atty Tells 11th Circ. Passport Denial Over Tax Violates Rights

    A law denying passports to individuals until they repay tax debts violates their fundamental right to travel enshrined in the roots of American constitutional law, an attorney whose passport was restricted over tax debt told the Eleventh Circuit.

  • April 12, 2021

    Justices Cast High-Profile 'Shadow' Rulings Despite Pushback

    Bringing transparency to the U.S. Supreme Court's "shadow docket" is going to take more than finger-wagging by congressional lawmakers, the justices showed on Friday, when they handed down an unsigned 5-4 decision on California COVID-19 restrictions at midnight.

  • April 12, 2021

    DC Circ. Won't End Gitmo Detainee's Military Prosecution

    The D.C. Circuit has refused to dissolve the military commission for Guantanamo Bay detainee Nashwan al-Tamir, saying the government had effectively mitigated an alleged conflict of interest involving a judge who had previously overseen his case.

  • April 12, 2021

    Women's Soccer Players Prep Appeal After Partial Deal OK'd

    A California federal judge signed off Monday on the U.S. Soccer Federation's settlement with members of the women's national team over unequal travel accommodations and working conditions, giving players the green light to launch a closely watched appeal of their axed pay discrimination claims.

  • April 12, 2021

    DC Circ. Extends $50B Ex-Yukos Shareholders Suit

    A three-judge panel for the D.C. Circuit unanimously ruled that there is not enough evidence to affirm a D.C. federal court's decision that former Yukos shareholders cannot have a down payment for their $50 billion arbitral award.

  • April 12, 2021

    No New Trial For Golf Course Worker Run Over By Tractor

    A Pennsylvania appeals court on Monday refused to grant a new trial to a golf course worker who alleged defects in a tractor's design resulted in it running him over, rejecting his argument that the trial court wrongly blocked his proposed jury instructions and certain claims.

  • April 12, 2021

    Guess Can't Send Ex-Worker's Bias Suit To Arbitration

    A California state appellate court has rejected Guess Inc.'s bid to force a former employee's race and age bias suit into arbitration, saying the worker had called into question whether a digital signature on an arbitration agreement actually belonged to her.

  • April 12, 2021

    Full 6th Circ. Set To Look At Tenn. Abortion Fight

    The full Sixth Circuit is teed up to hear Tennessee's appeal of a lower court's decision to block a state requirement that women wait 48 hours between consulting with a doctor and getting an abortion.

  • April 12, 2021

    Travelers Gets Sanctions Lifted In Caterpillar Discovery Fight

    An Illinois appellate court has vacated a contempt and sanctions order against a Travelers unit for failing to produce certain unredacted documents in an insurance dispute over coverage of a $46 million settlement in a lawsuit against Caterpillar Inc.

  • April 12, 2021

    Feds Say Texas Is Too Late To Pick Up Public Charge Fight

    The Biden administration and Cook County, Illinois, urged the U.S. Supreme Court to spike an appeal from Texas and other states seeking to resurrect the 2019 public charge rule, arguing that the states had missed their chance to intervene.

  • April 12, 2021

    NJ Justices Won't Step Into 3rd Circ. Pelvic Mesh Fee Row

    The New Jersey Supreme Court has turned down the Third Circuit's request to weigh in on whether a Garden State rule capping contingent fees should apply to a proposed class action over allegedly excessive attorney fees awarded in Texas in pelvic mesh litigation against Johnson & Johnson and its Ethicon unit.

Expert Analysis

  • Opinion

    The Right Approach To Personal Jurisdiction In Class Actions

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    Since the U.S. Supreme Court's 2017 decision in Bristol-Myers Squibb Co. v. Superior Court, three approaches to personal jurisdiction over absent class members have emerged in the lower courts, but only one comports with due process and limitations on procedural devices imposed by the Rules Enabling Act, say David Kouba and Andreas Moffett at Arnold & Porter.

  • Opinion

    It's Time To Modernize Amateurism In College Sports

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    Recent U.S. Supreme Court oral arguments in a case challenging the NCAA’s freedom from antitrust constraints — together with proposed federal legislation and U.S. Golf Association rules favorable to student-athletes — signal a coming, needed sea change in the definition of amateurism in college sports, says Geoffrey Lottenberg at Berger Singerman.

  • Del. Rulings Guide On D&O Insurance For Corporate Fraud

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    Two recent Delaware decisions chart a helpful path for policyholders seeking directors and officers coverage for incidents involving fraudulent conduct, and also demonstrate the flexibility afforded by choice-of-law clauses, say Brian Scarbrough and Eric Fleddermann at Jenner & Block.

  • What Associates Should Consider Before Switching Practices

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    The current high demand for midlevel associates provides them a rare opportunity to potentially explore new practice areas, but associates should first ask themselves six questions to begin figuring out why a change sounds appealing, says Stephanie Biderman at Major Lindsey.

  • Rebuttal

    Circuit Split On Class Action Ascertainability Is Disappearing

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    While a recent Law360 guest article suggested a significant circuit split on the issue of class action ascertainability, a review of recent decisions across federal circuits indicates that any such split is rapidly vanishing, as appeals courts reach consensus on the issue, says Leslie Brueckner at Public Justice.

  • 3 Reasons Securities Fraud Litigation Exposure Fell In Q1

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    Nessim Mezrahi and Stephen Sigrist at SAR analyze data on securities class actions filed against public companies in the first quarter of 2021, and explore factors that may have contributed to issuers facing their lowest exposure to such claims in years.

  • High Court Oracle Copyright Ruling Is A Boon For Innovation

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    The U.S. Supreme Court's ruling on Monday that Google made fair use of the declaring code of Oracle's Java application programming interface should encourage development of new code based on existing APIs and spur technological growth, say attorneys at Cadwalader.

  • 4 Effective Ways To Prioritize Client Advocacy

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    To truly support a client going through a complicated lawsuit or a painful experience, lawyers must think beyond interpreting legal guidelines and navigating court proceedings, says attorney Scott Corwin.

  • Remote Law Firm Culture Should Prioritize Associate Training

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    Due to the pandemic, the gap between law school and the first day on the job has never been wider, but law firms can leverage training to bridge that intimidating gap and convey the unique value of their culture in a virtual environment, say Melissa Schwind at Ward and Smith, and William Kenney and Jaron Luttich at Element Standard.

  • Opinion

    4th Circ. Flynn Partner Ruling Misses How Jurors Really Think

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    The Fourth Circuit's recent U.S. v. Rafiekian decision, reinstating the foreign lobbying conviction of Michael Flynn's ex-business partner despite hearsay-related concerns, invoked a prevalent but unrealistic presumption that jurors follow limiting instructions, revealing the need for pragmatic analysis from appellate courts, say attorneys at Bennett Doyle.

  • Virtual Litigation May Unravel The Narcissistic Lawyer

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    The virtual courtroom limits a narcissistic lawyer's ability to intimidate witnesses and opposing counsel, boast to clients or engage in grandstanding — an unexpected benefit of the global pandemic as some aspects of remote litigation are likely here to stay, says Jennifer Gibbs at Zelle.

  • Defense Options After Calif. High Court Call-Recording Ruling

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    Despite the California Supreme Court's recent ruling in Smith v. LoanMe that both parties and nonparties must get consent from everyone in cellular or cordless phone conversations before making recordings, defendants still have multiple means of successfully defeating suits for recording without consent, say attorneys at Akin Gump.

  • Reaching The Post-Amgen High Bar For Antibody Patents

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    Although patenting antibodies has become more challenging after the Federal Circuit's recent decision in Amgen v. Sanofi imposed a higher standard for disclosures, many options remain for obtaining robust protection, including filing multiple claim scopes and filing multiple patents temporally, says Joanna Brougher at BioPharma Law.

  • NY's New Status Quo For Mezzanine Foreclosures

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    Following a New York state court's recent decision in Shelbourne v. SR 677 Bway, it will be harder for borrowers to stop mezzanine foreclosure sales, and injunctive relief is effectively off the bargaining table, so both lenders and borrowers may need to alter their strategies, say Marc Hamroff and Danielle Marlow at Moritt Hock.

  • 2 Ways High Court Could Reshape Patent Assignor Estoppel

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    Whether or not the U.S. Supreme Court in Minerva Surgical v. Hologic repudiates a doctrine precluding patent assignors from attacking the validity of the patent rights they assigned in employment or other agreements, it should provide much-needed clarity on it, say David Fox and Christopher Kennerly at Paul Hastings.

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